Little Known Facts About reformasi intelijen indonesia.
Little Known Facts About reformasi intelijen indonesia.
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We'd like a clear legal basis… Is it possible to picture if Professional-ISIS folks produced a speech at a general public occasion such as the Vehicle Cost-free Day after which you can declared that the government have been infidels and killing them needs to be justified?”
When this comes about, then the public worry regarding the President’s standing as just one person of BIN along with the politicization of the Firm might be from position.
The federal government has used various legislation, typically arbitrarily, to demand people who have talked about or noted on human legal rights abuses and various relevant troubles, for example corruption.
… How about All those unregistered teams, how can we control how they need to be disbanded? We'd like a transparent legal basis… Are you able to visualize if Professional-IS people today produced a speech at a community occasion such as Auto No cost Working day and after that declared that the government have been infidels and killing them really should be justified?”
2nd, the temptation to return to an functioning posture and a domestically oriented risk view, Specially to ‘attack’ political opposition and control the public, really should be resisted. It has lousy precedents and won't ever assist sort a modern intelligence Firm. And 3rd, the problems confronted by Indonesia, such as the Covid-19 pandemic at present sweeping the earth, must be accustomed to establish the resilience of intelligence operate. The graphic of “
Legislation No. eleven of 2008 pertaining to Electronic Facts and Transactions (EIT) Law presents a legal foundation for Online-based commerce in Indonesia and codifies quite a few Net-based mostly offenses. Having said that, it's got also criminalized World-wide-web-centered insults and defamation, with noticeably much better penalties than People regulated in the Criminal Code. The federal government has applied the Legislation to charge various people, specifically journalists, activists, human rights defenders, and academics and students. In 2021, by way of example, two scientists of Indonesia Corruption Enjoy were being charged beneath the EIT Regulation with defamation, following their publication of the examine in excess of public officials’ involvement in advertising and marketing a controversial drug to treat COVID-19.
Intelijen tidak dapat menunggu suatu perbuatan digolongkan sebagai kejahatan setelah menimbulkan akibat. Intelijen justru harus memberikan peringatan bahwa akan terjadinya sesuatu, yang mengakibatkan kerugian bagi negara.
Doctrine: Doctrine is belief of law from jurists or authorized scholars. Doctrine is placed on interpret a common conception of legislation within just other authorized sources or to supply rationalization on ambiguity of guidelines. Doctrine in and of alone doesn't have a binding energy. Even so, it is very widespread for litigation cases to supplant their arguments with doctrine also to submit textbooks of authorized scholar pointing to a specific doctrine as evidence in courtroom. Quite a few courts have consequently expressly referred to thoughts of authorized Students to interpret particular concerns derived from the Key supply of regulation.
Only just after it really is dissolved can the Firm problem that decision in court. In contrast, the Ormas Regulation Earlier provided groups the opportunity to problem a dissolution buy in court prior to being dissolved.
” The mechanism for general public information and facts requests is now increasingly futile given that the Commission’s conclusions were being overturned in the event the relevant governing administration establishment appealed the choice to the executive Court docket. Such traits have made substantial public participation challenging.
Given that the start of the 1998 reforms, the pressure from civil society to perform intelligence reform wasn't solid sufficient. Aside from the structural political transform including democratic elections and amendments or cancellation of article content on the Structure and authoritarian laws, the most crucial protection sector challenges were only marginally dealt with.
Bukan berarti praktik intelijen dapat dilaksanakan secara semena-mena. Basis etis praktik intelijen sangat jelas dan gamblang dalam Pembukaan UUD 1945 yang berbunyi
The entire process of drafting mendapatkan informasi lebih lanjut the regulation on intelligence proposed from the 1998 reform offer was callous. There have been pros and cons concerning the will need for this legislation, as well as draft proposed by The federal government was greatly criticized. Still, the draft offered the regulation enforcement authority to intelligence equipment with special powers in civilian strategic intelligence functions.
Dalam sejarah perkembangan bangsa, Indonesia mengalami beberapa kali pendadakan strategis yang dampaknya cukup fatal. Beberapa pendadakan strategis tersebut antara lain: